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The City of Missoula v. Robertson3/2/2000
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: June 3, 1999
Clerk
City of Missoula (City) appeals from an opinion and order issued by the Fourth Judicial District Court, Missoula County, which remanded this case to Municipal Court for entry of dismissal. Rodney L. Robertson (Robertson) cross-appeals on alleged errors by the Municipal Court.
We affirm in part, reverse in part, and remand for further proceedings.
Factual and Procedural Background
On July 7, 1995, the State charged Robertson with two counts of criminal mischief and driving under the influence of alcohol (DUI).
Earlier that night, shortly after 10 p.m., Missoula police officer Robert Heinle (Heinle) responded to a 9-1-1 report that a male suspect was vandalizing a vehicle and a home on the north side of town. While en route to the home of Teresa and James Robbins, Heinle was informed by a police dispatcher that the suspect had left the scene and was driving a white Chevrolet Blazer with licence plate number AZ2MT. Heinle identified the vehicle driving approximately one-half mile away from the scene of the alleged crime. Heinle stopped the driver.
The driver, Robertson, appeared "agitated" according to Heinle, and commenced discussing the vandalism in question. Heinle could smell a strong odor of alcohol on Robertson's breath, and noticed that Robertson's speech was slow, deliberate and slurred. Once out of the vehicle, Robertson had difficulty maintaining his balance, according to Heinle. Robertson would not cooperate with Heinle's attempts to administer field sobriety tests at that time, apparently due to agitation or anger over what had minutes ago transpired at the Robbins' residence.
Heinle was then contacted by another officer, who was at the scene of the alleged vandalism. The officer had discussed the incident with the Robbins, and had observed that their car windshield had been smashed and their front door damaged from the suspect's attempts to gain entry. The officer instructed Heinle to arrest Robertson for criminal mischief.
At the Missoula Police Department station, Heinle successfully administered three field sobriety tests: the horizontal gaze nystagmus (HGN) test, the walk and turn test, and the one-legged stand test. After sufficiently failing each for the purpose of establishing probable cause, Robertson was arrested for driving under the influence . He then refused to perform the three tests again while being video taped. Robertson also refused to submit to a breathalyzer test.
Robertson pled not guilty to the charges. A series of motions for continuance over the next two years resulted in numerous delays in this matter going to trial. Robertson filed a motion for continuance on September 27, 1995, so that he could secure counsel. The motion was granted and the September 29, 1995 trial date was moved to November 28, 1995. This matter was then delayed, awaiting a ruling from this Court on another case involving a relevant issue. A new trial date was eventually set for October 17, 1996. Robertson moved for a continuance on October 9, and trial was rescheduled for December 27, 1996. The City then moved to continue on December 20, 1996, due to a schedule conflict with the testifying officer. Trial was again rescheduled, this time for April 24, 1997. Robertson moved to continue on April 16, 1997. Trial was again moved, this time to June 12, 1997. Robertson again moved for a continuance on May 20, 1997, claiming he had recently moved to San Diego, California, and neede
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